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1. Legal aid - Criminal Procedure Act 2011 - consultation [pdf, 313 KB]

   ...1 Of the sample of around 41,000 cases, there were 18 of these which include conspiring to commit piracy or attempting to procure murder (not committed). 2 A difference is in relation to schedule D payments for where there is an early Guilty Plea, sentencing or charges withdrawn before the review stage. The abolition of the list of purely indictable offences means these cases will not be identified as jury trial matters, and payment would therefore be based on the current schedules...

2. Wellington Standards Committee v McGuire [2013] NZLCDT 41 [pdf, 120 KB]

   ...Walker HEARING on 3 September 2013 at Wellington REPRESENTATION Mr N Sainsbury for the Standards Committee Mr R Lithgow QC and Ms N Levy for Mr McGuire 2 RESERVED DECISION ON PENALTY AND COSTS Introduction [1] Mr McGuire pleaded guilty to a charge of unsatisfactory conduct before the Tribunal on 19 and 20 October 2011. This plea followed the withdrawal of one charge of misconduct, and the amendment of a second charge of misconduct to one of a lesser char...

3. LCRO 114/2022 WB v XD (22 July 2022) [pdf, 143 KB]

   ...manner consistent with the terms of the retainer and the duty to take reasonable care. [24] In determining to take no further action on the complaint, the Committee concluded that: 4 (a) the protection order was made following Mr WB’s guilty plea; and (b) Mr XD had discussed the order with Mr WB in the context of discussions concerning the circumstances in which Mr WB would be permitted to return to the family home; and (c) Mr WB had been present in court when the order w...

4. Auckland Standards committee 2 v Burcher Short [2015] NZLCDT 47 [pdf, 78 KB]

   ...decision. They are however required to keep strictly to the professional requirements imposed on them by the rules governing the administration of nominee companies. These partners failed to do so. They have acknowledged such failure by their guilty pleas. Approach to penalty [30] The starting point is to identify the seriousness of the offending in the context of professional disciplinary proceedings as a whole. Having done so, when practitioners are jointly charged as here,...

5. [2016] NZEmpC 175 Wikaira v The Chief Executive of Department of Corrections [pdf, 767 KB]

   ...…………………………………………………………………….. Not immediately reporting the charge ………………………………….. Department’s reputation ………………………………………………... Choice to plead guilty …………………………………………………... [200] [201] [204] [206] [210] [211] Disparity ………………………………………………………………… Could the dism...

6. Interim regulatory impact statement - jury trial timeliness [pdf, 2.3 MB]

   ...first appears in court, administrative matters, or a trial. 3 Active jury trial cases are counted in the trial stage. Regulatory Impact Statement | 7 • the risk of incentivising defendants’ behaviour and choices as to their plea and election – for example, to avoid delays, a defendant may plead guilty, or proceed with a JAT when they may have otherwise preferred a jury trial; alternatively, if a defendant anticipates their proceeding may be stayed due to del...

7. Waikato Bay of Plenty Standards Committee v Cooper [2015] NZLCDT 7 [pdf, 49 KB]

   ...member of the public is entitled to expect of a reasonably competent lawyer. [3] After the hearing and following deliberation, the Tribunal found that Charge one relating to misconduct had been proved. The Tribunal accepted the practitioner’s plea of guilty to the alternative charge of unsatisfactory conduct in respect of Charge two. 4 [4] The Tribunal announced the following orders after hearing submissions from each counsel as to Penalty. a. Suspension for 18 months...

8. DR v AKSC1 LCRO 28 / 2010 (15 August 2011) [pdf, 88 KB]

   ...Department of Corrections. [2] In that decision, Her Honour was extremely critical of the applicant’s performance in advising J R. It is not necessary to go into the details of the case, but the criticism by the Judge arose from the fact that J R pleaded guilty to a charge under section 71 of the Parole Act 2002. Her Honour noted that J R in fact had a strong defence to the charge. In return for the guilty plea, the Prosecution agreed to seek a conviction and discharge. On the...

9. Canterbury Westland Standards Committee v Woulfe [2017] NZLCDT 5 [pdf, 122 KB]

   ...his professional capacity to such a degree as to reflect on his fitness to practice or as to bring his profession into disrepute. [2] This charge was admitted after discussions between the parties which resulted in the two alternatives originally pleaded, namely misconduct and unsatisfactory conduct, being withdrawn on the practitioner’s indication of a plea. The Tribunal, having considered all the material before it, approved that amendment on the basis that we considered that n...

10. AL v Secretary for Justice 30 August 2012 NZRA 000017 [pdf, 130 KB]

    ...That remark was made in the context of being otherwise satisfied that the applicant had met the requirement of ‘substantial and active involvement’ by reason of her active courtroom involvement in indictable trials. 22. The Applicant’s plea that his extensive experience in numerous defended and sentencing hearings in PC1 proceedings demonstrates an ability to lead evidence, cross-examine and make oral legal submissions, and is indicative of extensive and satisfactory courtro...